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Estate Law

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NY State, I inherited a house from my mother to be

NY State, I inherited...

NY State, I inherited a house from my mother to be divided/shared equally with my 3 siblings. Our older sister moved in about 15 years ago and is a hoarder with animals that has filled up just about every room in the house. I want to know if I can legally take back 1/4 of the house by moving her stuff and building walls to make separate living quarters?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Yes New York State

Lawyer's Assistant: What documents or supporting evidence do you have?

The will and supporting pictures of rooms filled

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

When people own a house jointly, all the owners have a right to use the property equally. So, one owner does not have the right to exclude the other owners of using the property. If the parties all or some want to use the property, then a partition is the reasonable step to take. But one owner cannot prevent the other owners from using the property. If that happens, then the other owners can seek a court order to partition the property or sell the property.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).